Andrews on civil processes. Volume I, Court proceedings / Neil Andrews.
2013
Formats
Format | |
---|---|
BibTeX | |
MARCXML | |
TextMARC | |
MARC | |
DublinCore | |
EndNote | |
NLM | |
RefWorks | |
RIS |
Items
Details
Title
Andrews on civil processes. Volume I, Court proceedings / Neil Andrews.
Imprint
Cambridge : Intersentia, 2013.
Description
1 online resource (lxii, 847 pages) : digital, PDF file(s)
Formatted Contents Note
V. 1. Court proceedings
Part I. Introduction to the forms of civil justice
Sources of English civil procedure
"The big picture" : interaction of the court system and other forms of dispute resolution
Part II. commencement of court proceedings and preparation for trial
The six phases of court proceedings
Commencement and service
Pleadings and parties
Counterclaim and set-off
Limitation of actions
Case management and procedural discipline
Pre-trial termination of actions without settlement : interim, summary, default, preliminary and striking out procedures
Disclosure
Privileges
Experts
Part III. End-game : trial, appeal, finality and enforcement
Trial and judgment
Appeals
Finality in court proceedings
Enforcement of court judgments and orders
Part IV. Costs and financing o litigation
Basic cost principles
Security for costs
"No win, no fee" systems
Part V. Special proceedings
Protective relief
Multi-party litigation
Complex litigation
The Commercial Court
Part VI. Principles of civil litigation
The five constellations of procedure principle
Judicial independence and impartiality
Due notice
Publicity and open justice
The duty to give reasoned decisions
Part VII. The European context
European influences upon English civil justice
v. 2. Mediation and arbitration
Part I. Mediation
Mediation
Mediation combined with arbitration
Part II. Arbitration
Commercial arbitration : what is it and why choose it?
The major principles of arbitration and litigation : a comparison
Fundamental features of English arbitration
"The seat" and the range of relevant laws
"Arbitrability" : public policy limitations upon the scope of arbitration
A confidential process
Arbitration agreements
Courts giving effect to arbitration agreements
Commencement of the submission and time issues
The tribunal's appointment, tenure and immunity
Pre-trial proceedings
The hearing
Final remedies, the award, and correction of the award by the tribunal
Fees, expenses and recoverable costs
Arbitration awards : issues of finality and Res Judicata
Challenges to English arbitral awards under English law
English enforcement of English awards
Enforcement under the New York Convention (1958)
Part III. Consumer ADR
Consumer disputes : extra-judicial resolution.
Part I. Introduction to the forms of civil justice
Sources of English civil procedure
"The big picture" : interaction of the court system and other forms of dispute resolution
Part II. commencement of court proceedings and preparation for trial
The six phases of court proceedings
Commencement and service
Pleadings and parties
Counterclaim and set-off
Limitation of actions
Case management and procedural discipline
Pre-trial termination of actions without settlement : interim, summary, default, preliminary and striking out procedures
Disclosure
Privileges
Experts
Part III. End-game : trial, appeal, finality and enforcement
Trial and judgment
Appeals
Finality in court proceedings
Enforcement of court judgments and orders
Part IV. Costs and financing o litigation
Basic cost principles
Security for costs
"No win, no fee" systems
Part V. Special proceedings
Protective relief
Multi-party litigation
Complex litigation
The Commercial Court
Part VI. Principles of civil litigation
The five constellations of procedure principle
Judicial independence and impartiality
Due notice
Publicity and open justice
The duty to give reasoned decisions
Part VII. The European context
European influences upon English civil justice
v. 2. Mediation and arbitration
Part I. Mediation
Mediation
Mediation combined with arbitration
Part II. Arbitration
Commercial arbitration : what is it and why choose it?
The major principles of arbitration and litigation : a comparison
Fundamental features of English arbitration
"The seat" and the range of relevant laws
"Arbitrability" : public policy limitations upon the scope of arbitration
A confidential process
Arbitration agreements
Courts giving effect to arbitration agreements
Commencement of the submission and time issues
The tribunal's appointment, tenure and immunity
Pre-trial proceedings
The hearing
Final remedies, the award, and correction of the award by the tribunal
Fees, expenses and recoverable costs
Arbitration awards : issues of finality and Res Judicata
Challenges to English arbitral awards under English law
English enforcement of English awards
Enforcement under the New York Convention (1958)
Part III. Consumer ADR
Consumer disputes : extra-judicial resolution.
Summary
In two volumes Neil Andrews (University of Cambridge) examines civil processes in England and Wales. One of the leading legal jurisdictions in this area of law as many non-resident parties choose to conduct arbitration in London or bring proceedings before the English High Court, notably the Commercial Court. Written in a clear and well-ordered style, Andrews on Civil Processes therefore discusses the most important styles of civil dispute resolution: court proceedings (volume 1), mediation and arbitration (volume 2).Neil Andrews guides the reader through the practice of dispute resolution in all its major forms: public and private, adjudicative and conciliatory. The subject-matter has been split into two volumes to provide specialists with a choice, but the two volumes are of course complementary. They provide a complete picture of the court and arbitration systems, and of the developing technique of mediation. Advisors seeking further leads are also assisted by detailed citation of primary sources and rich bibliographical references.Volume 1: Court ProceedingsIn England there has been a sustained effort to control court proceedings and render them more efficient. The author explores common legal principles and connections between the court system and the alternative techniques of arbitration and mediation. For example, there is discussion of: the four forms of civil justice (chapter 1: mediation, settlement without mediation, arbitration, and court proceedings); the six phases of court proceedings (chapter 4); the four forms of English multi-party litigation (chapter 22); and the five constellations of procedural principle - advice and access, empowering the parties, conditions for sound decision-making, an efficient process, a fair process, and upholding judgment (chapters 25 to 29).Most recently, reform of costs was examined by Lord Justice Jackson's inquiry in 2009-10. This 2013 publication takes the complex set of reforms and changes introduced in April 2013 into account and provides detailed discussion where relevant (inter alia. qualified one way cost shifting, damages-based agreements, and the changes to conditional fee agreements and the system of settlement offers). A convenient survey of these changes is also set out in the introductory chapter of volume 1.'English civil procedure has undergone significant changes over the past few years. The Jackson reforms were the final piece in the jigsaw in what had already been a significantly changed procedural landscape. Against this background it is of a paramount importance to keep reference works up-to-date in order to give one a clear picture of where we stand. The new book, Andrews on Civil Processes, published in 2013, was designed to fill in the gap between recent developments and scholarly works in the field. This goal was squarely achieved. The book consists of two volumes, the first devoted to court proceedings while the second one deals exclusively with Arbitration and Mediation. It is a one-stop book for all those who want to resolve their disputes in England, be it through courts or ADR. Last but not least, Professor Neil Andrews is a respected authority in the realm of civil procedure and contract law, and his book should be warmly received by all contentious lawyers. 'Dr Roman Khodykin, partner in the law firm Berwin Leighton Paisner LLP (London)
Note
Title from publisher's bibliographic system (viewed on 05 Jan 2018).
Location
www
Available in Other Form
Print version:
Linked Resources
Alternate Title
Cambridge Books Online.
Language
English
ISBN
9781780685090 (ebook)
9781780680835 (hardback)
9781780680835 (hardback)
Record Appears in